Houston Ladder Mfg. Co. v. Slats-O-Wood Awning Co.

On Appellee’s Motion for Rehearing

On reconsideration of this record, it is concluded that this court was — under the provisions of Rule 374, Texas Rules of Civil Procedure — without jurisdiction to consider the one question upon which it formerly reversed the trial court’s judgment herein, to wit: Whether or not the jury’s finding on Special Issue No. 11 was so against the great weight and preponderance of the evidence as to make it clearly wrong.

This was a jury case, hence the provisions of new Rule 374, to the effect that a ground of error not distinctly set forth in the motion for new…